H. R. 5956 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To incentivize the hiring of United States workers in the Commonwealth of the 

Northern Mariana Islands, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Northern Mariana Islands U.S. 

Workforce Act of 2018’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to increase the percentage of United States workers 

(as defined in section 6(i) of the Joint Resolution entitled ‘‘A 

Joint Resolution to approve the ‘Covenant To Establish a 

Commonwealth of the Northern Mariana Islands in Political 

Union with the United States of America’, and for other purposes’’ (48 U.S.C. 1806)) in the total workforce of the Commonwealth of the Northern Mariana Islands, while maintaining 

the minimum number of workers who are not United States 

workers to meet the changing demands of the Northern Mariana Islands’ economy; 

(2) to encourage the hiring of United States workers into 

such workforce; and 

(3) to ensure that no United States worker— 

(A) is at a competitive disadvantage for employment 

compared to a worker who is not a United States worker; 

or 

(B) is displaced by a worker who is not a United 

States worker. 

SEC. 3. TRANSITIONAL PROVISIONS. 

(a) IN GENERAL.—Section 6 of the Joint Resolution entitled 

‘‘A Joint Resolution to approve the ‘Covenant To Establish a 

Commonwealth of the Northern Mariana Islands in Political Union 

with the United States of America’, and for other purposes’’ (48 

U.S.C. 1806) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2), by striking ‘‘2019’’ and inserting 

‘‘2029’’; and 

(B) by amending paragraph (6) to read as follows: 

‘‘(6) FEES FOR TRAINING UNITED STATES WORKERS.— ‘‘(A) SUPPLEMENTAL FEE.— ‘‘(i) IN GENERAL.—In addition to fees imposed 

pursuant to section 286(m) of the Immigration and 
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Nationality Act (8 U.S.C. 1356(m)) to recover the full 

costs of adjudication services, the Secretary shall 

impose an annual supplemental fee of $200 per nonimmigrant worker on each prospective employer who 

is issued a permit under subsection (d)(3) during the 

transition program. A prospective employer that is 

issued a permit with a validity period of longer than 

1 year shall pay the fee for each year of requested 

validity at the time the permit is requested. 

‘‘(ii) INFLATION ADJUSTMENT.—Beginning in fiscal 

year 2020, the Secretary, through notice in the Federal 

Register, may annually adjust the supplemental fee 

imposed under clause (i) by a percentage equal to 

the annual change in the Consumer Price Index for 

All Urban Consumers published by the Bureau of 

Labor Statistics. 

‘‘(iii) USE OF FUNDS.—Amounts collected pursuant 

to clause (i) shall be deposited into the Treasury of 

the Commonwealth Government for the sole and exclusive purpose of funding vocational education, 

apprenticeships, or other training programs for United 

States workers. 

‘‘(iv) FRAUD PREVENTION AND DETECTION FEE.—In 

addition to the fees described in clause (i), the Secretary— 

‘‘(I) shall impose, on each prospective employer 

filing a petition under this subsection for one or 

more nonimmigrant workers, a $50 fraud prevention and detection fee; and 

‘‘(II) shall deposit and use the fees collected 

under subclause (I) for the sole purpose of preventing and detecting immigration benefit fraud 

in the Northern Mariana Islands, in accordance 

with section 286(v)(2)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1356(v)(2)(B)). 

‘‘(B) PLAN FOR THE EXPENDITURE OF FUNDS.—Not later 

than 120 days before the first day of fiscal year 2020, 

and annually thereafter, the Governor of the Commonwealth Government shall submit to the Secretary of 

Labor— 

‘‘(i) a plan for the expenditures of amounts deposited under subparagraph (A)(iii); 

‘‘(ii) a projection of the effectiveness of such 

expenditures in the placement of United States 

workers into jobs held by non-United States workers; 

and 

‘‘(iii) a report on the changes in employment of 

United States workers attributable to expenditures of 

such amounts during the previous year. 

‘‘(C) DETERMINATION AND REPORT.—Not later than 120 

days after receiving each expenditure plan under subparagraph (B)(i), the Secretary of Labor shall— 

‘‘(i) issue a determination on the plan; and 

‘‘(ii) submit a report to Congress that describes 

the effectiveness of the Commonwealth Government 

at meeting the goals set forth in such plan. 
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‘‘(D) PAYMENT RESTRICTION.—Payments may not be 

made in a fiscal year from amounts deposited under 

subparagraph (A)(iii) before the Secretary of Labor has 

approved the expenditure plan submitted under subparagraph (B)(i) for that fiscal year.’’; 

(2) in subsection (b), by adding at the end the following: 

‘‘(3) REPORT.—Not later than December 1, 2027, the Secretary shall submit a report to the Committee on Energy and 

Natural Resources of the Senate, the Committee on the 

Judiciary of the Senate, the Committee on Natural Resources 

of the House of Representatives, and the Committee on the 

Judiciary of the House of Representatives that— 

‘‘(A) projects the number of asylum claims the Secretary anticipates following the termination of the transition period; and 

‘‘(B) describes the efforts of the Secretary to ensure 

appropriate interdiction efforts, provide for appropriate 

treatment of asylum seekers, and prepare to accept and 

adjudicate asylum claims in the Commonwealth.’’; 

(3) in subsection (d)— 

(A) by redesignating paragraphs (2) through (5) as 

paragraphs (3) through (6), respectively; 

(B) by inserting after paragraph (1) the following: 

‘‘(2) PROTECTION FOR UNITED STATES WORKERS.— 

‘‘(A) TEMPORARY LABOR CERTIFICATION.— 

‘‘(i) IN GENERAL.—Beginning with petitions filed 

with employment start dates in fiscal year 2020, a 

petition to import a nonimmigrant worker under this 

subsection may not be approved by the Secretary 

unless the petitioner has applied to the Secretary of 

Labor for a temporary labor certification confirming 

that— 

‘‘(I) there are not sufficient United States 

workers in the Commonwealth who are able, 

willing, qualified, and available at the time and 

place needed to perform the services or labor 

involved in the petition; and 

‘‘(II) employment of the nonimmigrant worker 

will not adversely affect the wages and working 

conditions of similarly employed United States 

workers. 

‘‘(ii) PETITION.—After receiving a temporary labor 

certification under clause (i), a prospective employer 

may submit a petition to the Secretary for a Commonwealth Only Transitional Worker permit on behalf of 

the nonimmigrant worker. 

‘‘(B) PREVAILING WAGE SURVEY.— ‘‘(i) IN GENERAL.—In order to effectuate the 

requirement for a temporary labor certification under 

subparagraph (A)(i), the Secretary of Labor shall use, 

or make available to employers, an occupational wage 

survey conducted by the Governor that the Secretary 

of Labor has determined meets the statistical standards for determining prevailing wages in the Commonwealth on an annual basis. 

‘‘(ii) ALTERNATIVE METHOD FOR DETERMINING THE

PREVAILING WAGE.—In the absence of an occupational 
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wage survey approved by the Secretary of Labor under 

clause (i), the prevailing wage for an occupation in 

the Commonwealth shall be the arithmetic mean of 

the wages of workers similarly employed in the territory of Guam according to the wage component of 

the Occupational Employment Statistics Survey conducted by the Bureau of Labor Statistics. 

‘‘(C) MINIMUM WAGE.—An employer shall pay each 

Commonwealth Only Transitional Worker a wage that is 

not less than the greater of— 

‘‘(i) the statutory minimum wage in the Commonwealth; 

‘‘(ii) the Federal minimum wage; or 

‘‘(iii) the prevailing wage in the Commonwealth 

for the occupation in which the worker is employed.’’; 

(C) by amending paragraph (3), as redesignated, to 

read as follows: 

‘‘(3) PERMITS.— 

‘‘(A) IN GENERAL.—The Secretary shall establish, 

administer, and enforce a system for allocating and determining terms and conditions of permits to be issued to 

prospective employers for each nonimmigrant worker 

described in this subsection who would not otherwise be 

eligible for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 

‘‘(B) NUMERICAL CAP.—The number of permits issued 

under subparagraph (A) may not exceed— 

‘‘(i) 13,000 for fiscal year 2019; 

‘‘(ii) 12,500 for fiscal year 2020; 

‘‘(iii) 12,000 for fiscal year 2021; 

‘‘(iv) 11,500 for fiscal year 2022; 

‘‘(v) 11,000 for fiscal year 2023; 

‘‘(vi) 10,000 for fiscal year 2024; 

‘‘(vii) 9,000 for fiscal year 2025; 

‘‘(viii) 8,000 for fiscal year 2026; 

‘‘(ix) 7,000 for fiscal year 2027; 

‘‘(x) 6,000 for fiscal year 2028; 

‘‘(xi) 5,000 for fiscal year 2029; and 

‘‘(xii) 1,000 for the first quarter of fiscal year 2030. 

‘‘(C) REPORTS REGARDING THE PERCENTAGE OF UNITED

STATES WORKERS.— 

‘‘(i) BY GOVERNOR.—Not later than 60 days before 

the end of each calendar year, the Governor shall 

submit a report to the Secretary that identifies the 

ratio between United States workers and other workers 

in the Commonwealth’s workforce based on income 

tax filings with the Commonwealth for the tax year. 

‘‘(ii) BY GAO.—Not later than December 31, 2019, 

and biennially thereafter, the Comptroller General of 

the United States shall submit a report to the Chair 

and Ranking Member of the Committee on Energy 

and Natural Resources of the Senate, the Chair and 

Ranking Member of the Committee on Natural 

Resources of the House of Representatives, the Chair 

and Ranking Member of the Committee on Health, 

Education, Labor, and Pensions of the Senate and the 
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Chair and Ranking Member of the Committee on Education and the Workforce of the House of Representatives that identifies the ratio between United States 

workers and other workers in the Commonwealth’s 

workforce during each of the previous 5 calendar years. 

‘‘(D) PETITION; ISSUANCE OF PERMITS.— 

‘‘(i) SUBMISSION.—A prospective employer may 

submit a petition for a permit under this paragraph 

not earlier than— 

‘‘(I) 120 days before the date on which the 

prospective employer needs the beneficiary’s services; or 

‘‘(II) if the petition is for the renewal of an 

existing permit, not earlier than 180 days before 

the expiration of such permit. 

‘‘(ii) EMPLOYMENT VERIFICATION.—The Secretary 

shall establish a system for each employer of a 

Commonwealth Only Transitional Worker to submit 

a semiannual report to the Secretary and the Secretary 

of Labor that provides evidence to verify the continuing 

employment and payment of such worker under the 

terms and conditions set forth in the permit petition 

that the employer filed on behalf of such worker. 

‘‘(iii) REVOCATION.— 

‘‘(I) IN GENERAL.—The Secretary, in the Secretary’s discretion, may revoke a permit approved 

under this paragraph for good cause, including 

if— 

‘‘(aa) the employer fails to maintain the 

continuous employment of the subject worker, 

fails to pay the subject worker, fails to timely 

file a semiannual report required under this 

paragraph, commits any other violation of the 

terms and conditions of employment, or otherwise ceases to operate as a legitimate business 

(as defined in clause (iv)(II)); 

‘‘(bb) the beneficiary of such petition does 

not apply for admission to the Commonwealth 

by the date that is 10 days after the period 

of petition validity begins, if the employer has 

requested consular processing; or 

‘‘(cc) the employer fails to provide a 

former, current, or prospective Commonwealth 

Only Transitional Worker, not later than 21 

business days after receiving a written request 

from such worker, with the original (or a certified copy of the original) of all petitions, 

notices, and other written communication 

related to the worker (other than sensitive 

financial or proprietary information of the 

employer, which may be redacted) that has 

been exchanged between the employer and the 

Department of Labor, the Department of 

Homeland Security, or any other Federal 

agency or department. 

‘‘(II) REALLOCATION OF REVOKED PETITION.— 

Notwithstanding subparagraph (C), for each 
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permit revoked under subclause (I) in a fiscal year, 

an additional permit shall be made available for 

use in the subsequent fiscal year. 

‘‘(iv) LEGITIMATE BUSINESS.— 

‘‘(I) IN GENERAL.—A permit may not be 

approved for a prospective employer that is not 

a legitimate business. 

‘‘(II) DEFINED TERM.—In this clause, the term 

‘legitimate business’ means a real, active, and operating commercial or entrepreneurial undertaking 

that the Secretary, in the Secretary’s sole discretion, determines— 

‘‘(aa) produces services or goods for profit, 

or is a governmental, charitable, or other validly recognized nonprofit entity; 

‘‘(bb) meets applicable legal requirements 

for doing business in the Commonwealth; 

‘‘(cc) has substantially complied with wage 

and hour laws, occupational safety and health 

requirements, and all other Federal, Commonwealth, and local requirements related to 

employment during the preceding 5 years; 

‘‘(dd) does not directly or indirectly engage 

in, or knowingly benefit from, prostitution, 

human trafficking, or any other activity that 

is illegal under Federal, Commonwealth, or 

local law; 

‘‘(ee) is a participant in good standing in 

the E-Verify program; 

‘‘(ff) does not have, as an owner, investor, 

manager, operator, or person meaningfully 

involved with the undertaking, any individual 

who has been the owner, investor, manager, 

operator, or otherwise meaningfully involved 

with an undertaking that does not comply with 

item (cc) or (dd), or is the agent of such an 

individual; and 

‘‘(gg) is not a successor in interest to an 

undertaking that does not comply with item 

(cc) or (dd). 

‘‘(v) CONSTRUCTION OCCUPATIONS.—A permit for 

Construction and Extraction Occupations (as defined 

by the Department of Labor as Standard Occupational 

Classification Group 47–0000) may not be issued for 

any worker other than a worker described in paragraph 

(7)(B).’’; 

(D) in paragraph (4), as redesignated, by inserting 

‘‘or to Guam for the purpose of transit only’’ after ‘‘except 

admission to the Commonwealth’’; 

(E) in paragraph (5), as redesignated, by adding at 

the end the following: ‘‘Approval of a petition filed by 

the new employer with a start date within the same fiscal 

year as the current permit shall not count against the 

numerical limitation for that period.’’; and 

(F) by adding at the end the following: 

‘‘(7) REQUIREMENT TO REMAIN OUTSIDE OF THE UNITED

STATES.— 
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‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B)— 

‘‘(i) a permit for a Commonwealth Only Transitional Worker— 

‘‘(I) shall remain valid for a period that may 

not exceed 1 year; and 

‘‘(II) may be renewed for not more than two 

consecutive, 1-year periods; and 

‘‘(ii) at the expiration of the second renewal period, 

an alien may not again be eligible for such a permit 

until after the alien has remained outside of the United 

States for a continuous period of at least 30 days 

prior to the submission of a renewal petition on their 

behalf. 

‘‘(B) LONG-TERM WORKERS.—An alien who was 

admitted to the Commonwealth as a Commonwealth Only 

Transitional Worker during fiscal year 2015, and during 

every subsequent fiscal year beginning before the date 

of the enactment of the Northern Mariana Islands U.S. 

Workforce Act of 2018, may receive a permit for a Commonwealth Only Transitional Worker that is valid for a period 

that may not exceed 3 years and may be renewed for 

additional 3-year periods during the transition period. A 

permit issued under this subparagraph shall be counted 

toward the numerical cap for each fiscal year within the 

period of petition validity.’’; and 

(4) by adding at the end the following: 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) COMMONWEALTH.—The term ‘Commonwealth’ means 

the Commonwealth of the Northern Mariana Islands. 

‘‘(2) COMMONWEALTH ONLY TRANSITION WORKER.—The term 

‘Commonwealth Only Transition Worker’ means an alien who 

has been admitted into the Commonwealth under the transition 

program and is eligible for a permit under subsection (d)(3). 

‘‘(3) GOVERNOR.—The term ‘Governor’ means the Governor 

of the Commonwealth of the Northern Mariana Islands. 

‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Homeland Security. 

‘‘(5) TAX YEAR.—The term ‘tax year’ means the fiscal year 

immediately preceding the current fiscal year. 

‘‘(6) UNITED STATES WORKER.—The term ‘United States 

worker’ means any worker who is— 

‘‘(A) a citizen or national of the United States; 

‘‘(B) an alien who has been lawfully admitted for 

permanent residence; or 

‘‘(C) a citizen of the Republic of the Marshall Islands, 

the Federated States of Micronesia, or the Republic of 

Palau (known collectively as the ‘Freely Associated States’) 

who has been lawfully admitted to the United States pursuant to— 

‘‘(i) section 141 of the Compact of Free Association 

between the Government of the United States and 

the Governments of the Marshall Islands and the Federated States of Micronesia (48 U.S.C. 1921 note); or 

‘‘(ii) section 141 of the Compact of Free Association 

between the United States and the Government of 

Palau (48 U.S.C. 1931 note).’’. 
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(b) RULEMAKING.— 

(1) SECRETARY OF HOMELAND SECURITY.—Notwithstanding 

the requirements under section 553(b) of title 5, United States 

Code, the Secretary of Homeland Security shall publish in 

the Federal Register, not later than 180 days after the date 

of the enactment of this Act, an interim final rule that specifies 

how the Secretary intends to implement the amendments made 

by subsection (a) that relate to the responsibilities of the Secretary. 

(2) SECRETARY OF LABOR.—Notwithstanding the requirements under section 553(b) of title 5, United States Code, 

the Secretary of Labor shall publish in the Federal Register, 

not later than 180 days after the date of the enactment of 

this Act, an interim final rule that specifies how the Secretary 

intends to implement the amendments made by subsection 

(a) that relate to the responsibilities of the Secretary. 

(3) RECOMMENDATIONS OF THE GOVERNOR.—In developing 

the interim final rules under paragraphs (1) and (2), the Secretary of Homeland Security and the Secretary of Labor— 

(A) shall each consider, in good faith, any written 

public recommendations regarding the implementation of 

this Act that are submitted by the Governor of the 

Commonwealth not later than 60 days after the date of 

the enactment of this Act; and 

(B) may include provisions in such rule that are responsive to any recommendation of the Governor that is not 

inconsistent with this Act, including a recommendation 

to reserve a number of permits each year for occupational 

categories necessary to maintain public health or safety 

in the Commonwealth. 

(c) DEPARTMENT OF THE INTERIOR TECHNICAL ASSISTANCE.— 

Not later than October 1, 2019, and biennially thereafter, the Secretary of the Interior shall submit a report to Congress that 

describes the fulfillment of the Department of the Interior’s responsibilities to the Commonwealth of the Northern Mariana Islands— 

(1) to identify opportunities for economic growth and diversification; 

(2) to provide assistance in recruiting, training, and hiring 

United States workers; and 

(3) to provide such other technical assistance and consultation as outlined in section 702(e) of the Consolidated Natural 

Resources Act of 2008 (48 U.S.C. 1807). 

(d) OUTREACH AND TRAINING.—Not later than 120 days after 

the date on which the Secretary of Labor publishes an interim 

final rule in the Federal Register in accordance with subsection 

(b)(2), the Secretary shall conduct outreach and training in the 

Commonwealth of the Northern Mariana Islands for employers 

and workers on the foreign labor certification process set forth 

in section 6 of the Joint Resolution entitled ‘‘A Joint Resolution 

to approve the ‘Covenant To Establish a Commonwealth of the 

Northern Mariana Islands in Political Union with the United States 

of America’, and for other purposes’’, as amended by subsection 

(b), including the minimum wage requirement set forth in subsection (d)(2)(C) of such section. 

(e) EFFECTIVE DATE.— (1) IN GENERAL.—Except as specifically otherwise provided, 

this Act and the amendments made by this Act— 
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(A) shall take effect on the date of the enactment 

of this Act; and 

(B) shall apply to petitions for Commonwealth Only 

Transitional Workers filed on or after such date. 

(2) AUTHORITY OF SECRETARY OF HOMELAND SECURITY.— 

The Secretary of Homeland Security, in the Secretary’s discretion, may delay the effective date of any provision of this 

Act relating to Commonwealth Only Transition Workers until 

the effective date of the interim final rule described in subsection (b), except for provisions providing annual numerical 

caps for such workers. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.